§33-20B-5. Rating organizations.
(a) A corporation, an unincorporated association, a
partnership or an individual, whether located within or outside
this state, may make application to the commissioner for license as
a rating organization for such kinds of malpractice insurance as
are specified in its application and shall file therewith: (1) a
copy of its constitution, its articles of agreement or association
or its certificates of incorporation, and of its bylaws, rules and
regulations governing the conduct of its business; (2) a list of
its members and subscribers; (3) the name and address of a resident
of this state as attorney-in-fact upon whom notices or orders of
the commissioner or process affecting such rating organization may
be served; and (4) a statement of its qualifications as a rating
organization. If the commissioner finds that the applicant is
competent, trustworthy and otherwise qualified to act as a rating
organization and that its constitution, articles of agreement or
association or certificate of incorporation, and its bylaws, rules
and regulations governing the conduct of its business conform to
the requirements of law, he shall issue a license specifying the
kinds of insurance or subdivisions thereof for which the applicant
is authorized to act as a rating organization. Every such
application shall be granted or denied in whole or in part by the
commissioner within sixty days of the date of its filing with him.
Licenses issued pursuant to this section shall remain in effect
for three years unless sooner suspended or revoked by the
commissioner. The fee for said license shall be twenty-five
dollars, which fee shall be in addition to all other fees, licenses or taxes to which a rating organization might otherwise be subject,
and all fees so collected shall be paid to the state treasury
pursuant to subsection (b), section thirteen, article three of this
chapter. In the event the rating organization ceases to meet the
requirements of this article, the license issued pursuant to this
section may be suspended or revoked by the commissioner upon notice
and hearing pursuant to article five, chapter twenty-nine-a of this
code. Every rating organization shall notify the commissioner
promptly of every change in: (1) its constitution, its articles of
agreement or association or its certificate of incorporation, and
its bylaws, rules and regulations governing the conduct of its
business; (2) its list of members and subscribers; and (3) the name
and address of the resident of this state designated as attorney-in-fact by it upon whom notices or orders of the commissioner or
process affecting such rating organization may be served.

(b) The commissioner shall promulgate legislative rules
pursuant to article three, chapter twenty-nine-a of this code
prescribing procedures for rating organizations to permit any
insurer not a member to become a subscriber to its rating services
for any kind of insurance for which it is authorized to act as a
rating organization pursuant to this section. Each rating
organization shall furnish its rating services without
discrimination to its members and subscribers. The reasonableness
of any legislative rule in its application to subscribers shall be
reviewed by the commissioner upon request of any such subscriber.
If the commissioner finds, upon notice and hearing provided
pursuant to article five, chapter twenty-nine-a of this code, that such rule or regulation is unreasonable in its application to
subscribers, he shall order that such rule is not to be applicable
to subscribers and promulgate a revised rule. The denial of any
insurer's application for subscribership in contravention of a
legislative rule or the failure to approve or deny such an
application within thirty days after submission to the rating
organization shall be reviewed by the commissioner upon request of
the aggrieved insurer. If the commissioner finds, upon notice and
hearing provided pursuant to article five, chapter twenty-nine-a of
this code, that the insurer has been wrongfully denied
subscribership, he shall order the rating organization to admit the
insurer as a subscriber.

(c) No rating organization shall adopt any policy or rule the
effect of which would be to prohibit or regulate the payment of
dividends, savings or unabsorbed premium deposits allowed or
returned by insurers to their policy holders, members orsubscribers.

(d) Cooperation among rating organizations or among rating
organizations and insurers in rate making or in other matters
within the scope of this article or article twenty of this chapter
is hereby authorized, provided the filings resulting from such
cooperation are subject to all the provisions of this article and
article twenty which are applicable to filings generally.

The commissioner may review such cooperative activities and
practices. If the commissioner finds, upon notice and hearing
provided pursuant to article five, chapter twenty-nine-a of this
code, that any such activity or practice is unfair, unreasonable or otherwise inconsistent with the provisions of this article, he
shall issue a written order specifying in what respects such
activity or practice is unfair, unreasonable or otherwise
inconsistent with the provisions of this article, and requiring
that such activity or practice be discontinued immediately.

(e) Any rating organization may subscribe for or purchase
actuarial, technical or other services, and such services shall be
available to all members and subscribers without discrimination.